TCG Clients Get Jakks to Remove Toxic Flame Retardants from Children’s Chairs

Jakks Pacific has provided certification to Russell Brimer and Peter Englander, clients of The Chanler Group, stating that its padded children’s chairs offered for sale in California have been reformulated in advance of the deadline imposed by the settlement agreement between the parties.  The settlement was for a total of $58,000, but Brimer and Englander agreed to waive a portion of it should Jakks Pacific accelerate the reformulation of its products to no longer contain the toxic flame retardants Tris(1,3-dichloro-2-propyl) phosphate (TDCPP), Tris(2-chloroethyl) phosphate (TCEP), and Tris(2,3-dibromopropyl)phosphate (TDBPP).

Jakks Pacific is a leading designer and marketer of toys and consumer products.  Jakks Pacific sells action figures, electronics, dolls, Halloween costumes, children’s furniture, art activity kits, and infant products.  The Chanler Group’s clients alleged that Jakks Pacific offered children’s chairs containing TDCPP for sale without the required health hazard warning.  Brimer served Jakks Pacific with a 60-Day Notice of Violation of Proposition 65 on February 15, 2013. 

The Chanler Group’s clients frequently include such “reformulation incentives” in their settlements as part of their commitment to effectuate change for safer consumer products.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.